What Happens if An Out-Of-State Driver Hits Me?
Feb. 1, 2021
Thousands of people flock to Florida every year to relax on the sandy beaches or enjoy one of the many world-class theme parks. Some even make the Sunshine State their temporary home for a few months. However, this increase of visitors who are not familiar with our roads can increase the likelihood of a car accident.
State residents are often confused on how to bring a claim against out-of-state drivers, but the Florida car accident attorneys at McCullough & Leboff, P.A. can guide you through the process to receive compensation for your injuries and damages.
How to File a Claim Against an Out-Of-State Driver
As a major hub for both travel and business, Florida sees an abundance of visitors from other states, many of whom use their own policy or insurance provided by a rental company. Since most drivers have a national or international plan, their coverage is available across state lines. Following an accident, you are entitled to a copy of the other driver’s insurance policy.
Even though they’re an out-of-state driver, you’ll still file the claim as you normally would. You can either call or file one online. Keep in mind that their insurer may want to investigate the crash or talk to you about it. Never give them more information than the basics. If you provide more information than simply where and when it occurred, it may be difficult to be completely consistent with your details later. Once you retain legal counsel, refer the insurance representative to talk to your lawyer.
Can Out-Of-State Drivers Come Back to Florida Court?
Florida statute 48.193 gives courts the power to make sure out-of-state drivers appear in court if summoned. Under this law, also known as Florida’s Long-Arm Statute, drivers automatically consent to appear in a Florida court if an accident occurs.
What Kind of Compensation Can I Receive for My Car Accident Injuries?
While civil lawsuits vary from state to state, if an accident occurs in Florida, state law applies, regardless of where the drivers live. Both parties can file a claim where the collision happened.
While every accident is different, your attorney may be able to secure compensation for the following losses:
Pain and suffering
Future loss of income
Keep in mind that Florida is a no-fault state, and you must have at least $10,000 in personal injury protection (PIP). Your insurance company will only cover up to 80% of your medical bills. So, you may have to cover the remaining 20% on your own. You can also file a claim against the other party, or your attorney can negotiate with your insurer for you to receive the remainder.
How to Keep Yourself Safe on Florida Roads
It’s no surprise that Florida roads are congested daily, so it’s essential to know how you can keep yourself safe and avoid collisions. One of the easiest ways to do this is by not speeding. Follow the speed limit, even if cars around you are not doing so.
You should also never tailgate another vehicle. If the leading car brakes suddenly, you might not have enough time to stop the car. You also lose reaction time when you drive under the influence of drugs or alcohol.
Finally, you should leave extra space between you and cars with an out-of-state license plate. They might not know where they’re going, so the driver could brake or change lanes without warning.
Experienced Car Accident Attorneys in Florida Are Here to Help
If you’ve recently been involved in a crash with an out-of-state driver, reach out to an experienced Florida car accident attorney. At McCullough & Leboff, P.A., our attorneys have years of experience representing accident victims, and we commit ourselves to obtain a fair settlement to cover your medical bills and property damage. To schedule a free consultation, call or complete a contact form.